Sebastian, FL (November 19, 2018) - When a clerk at the Palm Bay Florida Wine and Spirits Store asked Patrick W. Welke, 50, to leave his establishment due to public intoxication, Welke responded by pulling a knife on the man instead.
Local police responded to a distress call claiming that there was an armed man inside the store located at 190 Malabar Road. After establishing a perimeter for safety they employed traditional police tactics to get the Welke to give himself up, but to no avail. Welke simply refused to comply with the officers. Welke eventually had to be physically apprehended which caused him to lose possession of the knife in question. He continued to resist officer’s efforts the entire time he was being placed under arrest. Three customers that had also been in the store at the same time as Welke confirmed the clerk’s version of events.
Welke was finally charged with aggravated assault and resisting arrest. He was then taken to Brevard County Jail where he had a bond set by a judge at $26.000.
Florida Aggravated Assault Laws
Even though no one was actually harmed during this incident, Welke is still able to be charged with aggravated assault because he met Florida’s legal definition of the crime. In the state of Florida, aggravated assault is defined as “an intentional and unlawful threat against another person with a deadly weapon, or while in the commission of a felony, which creates a reasonable fear that violence or harm is imminent.”
Given that Welke was visibly intoxicated at the time of the attack, witnesses could easily claim that this made the situation even more volatile since drunk people are prone to acting rashly and emotionally. On the flip side of that coin, Welke may be able to find himself some grace under the Florida laws for what is known as “diminished capacity”. While criminal misconduct is never justified by intoxication, a person’s level of intoxication may be enough to argue that they did not have the mental capacity required by law to be held fully responsible. In other words, he may not be fully responsible for his actions because he was not fully in control of them. In layman’s terms, the liquor made him do it.
If you would like a free consultation with a practiced defense attorney then reach out to the hard-working, experienced team here at Musca Law by calling (888) 484-5057. Being charged with a crime that you do not remember committing, or do not feel you are responsible is a scary and frustrating thing. We understand and we are here to help you build your case.